Loading...
HomeMy WebLinkAbout112975 LARMIMER COUNTY SOLID WASTE - PURCHASE ORDER - 3212212PURCHASE ORDER PO Number Page City of 3212212 1 of z ' 6rt Collins This number must appear " on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 112975 LARIMER COUNTY SOLID WASTE PO BOX 1190 FORT COLLINS Colorado 80522-1190 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT LS Total Invoice Address: $6,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax escraptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(10587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe tears unit conditions hereof failure or delay to [ntcma] Revenue. Denver. Calomdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 in). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofar payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the ..One, or obligations of this purchase order and shall not be deemed a waiver of ony right ofthe damage in transit, may be maimed to you for credit and arc not to be replaced except upon receipt of wramn purchaser to insist upon strict performance hereofor any of its rights ar remedies as to any.such goods, regardless instructions from the City of Fart Collins, of when shipped. received or accepted, as In any prior or subsequent default hereunder. nor sholl any lampooned road modification or remission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS ore subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLA [MS. anthmized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby as, igns to the Purchaser any and all claims it troy now have Or haealtcr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St_ Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany no nice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in carious pans Of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfomrcd, or mquircd by any other duly constituted public authority having jurisdiction over the stork of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or oniblishcd violation of any such laws, negulminns, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresaly limits acceptance to the terms and conditions stated hacin set forth and any supplementary or additional tcmts and conditions annexed hereto or incorporated herein by rcfcmncc. Any additional ordiffcrcnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hoot.. No acts of the Purchasers including. without limitation, acceptance ofpzrtial late dclivcrics, shall operate as a waive of this provision. In the event of any delay, the Purchaser shall have, in addition taunter legal and equitable remedies, the option ofplacing this nrdcr dscwhem and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authorities governmental priorities, fans, mikes. Rood, epidemics, wars or riots provided that notice ofthe conditions causing .such delay is given to the Purchaser within five (5) days ofthe time when the Seller Erst received knowledge thereof. In the event of any such delay, the (laic of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY, The Seller warrants that all goods. articles, materials and work covered by this order will confnmt with applicable dnnvdngs. specifications, samples and/or other descriptions given, will be fit for the purnews intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (aacpunce not to he unreasonably delayed), resulting front imperfect or defective work done or material, famished by the Seller. Acceptance or use of goods by the Purchaser shall not const8ute a waiver ofany claim under this warranty. Except as mherwisc provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe fnregaing warmntics or guarantees, but such liability shall in an event include loss ofparfts Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chances to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the speeilmatious or drawings, by verbal or xxmnen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adiustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcbvccn the parties as to any work or materials then in proercu provided that the Pumhascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Sella with respect to any grads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller Of any of their obligations as to any gilds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is oocred. 8. COMPLIANCE WITH LAW. The Seller nanants that all good sold hacunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser hamdcss fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become dim to munda without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcm. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the perfomunce of such work. This release shall apply even in the event of fault Of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contmemal obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. %Vheneecr the Seller is required to use any design, device, material or process covered by knot, patent trademark or copyright, the Scllcr shall indemnifv ar d.save hnmdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of Bach infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment Or pan is enjoined. the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but nnninfringing equipment or modity it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hxnkrupl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcr, Properly or business, this order may forthwith he annealed by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofurmx used or the intenumution ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Rep rccemauves), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident. destmcthm or injury to the work and/or materials before Scllcrs fund completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc Famished by Others for installation or erection by the Seller. the Seller shall receive, unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller undo the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workcm compensation, including Occupational disease benefits, to its employees employed on or in connection with the stork covered by this purchase order. ,and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with noddy injury and death limits ofin least S300,000 far any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors employees shall do any work .,no the premises ofuthers, the Scllcr shall furnish the Purchaser with a ecnifieate that such compensation and insurance have been provided Such eci iricnua shall specify the date when such compensation and insurance have keen provided. Such certificates shall specify the date when such compensation and insumnce expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any mal all damage, lass or injury of any kind r nature whatsoever to persons or Property caused by or resulting from the execution ofthe work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, dznoges, charges or expenses, whether direct or indirect, and wh ,her to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contract.¢ or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its officers, agents Or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of ony of his contractors or any of its Or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense doereof and to defend the s.,me at the Sellers own expense, to pay any and all costs, charges attorneys fees and other expenses, any and all judgments that may be inctmed by Or obtained against the Pnmhuser or any of its or their aRcers, .agents or employees in such suits or other proceedings, and in case judgment or other lien be pl.aced upon or Obtained against the property of the Purchaser. or said panics in or as a result ofsach suits or other Proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all .safety por0ations, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010